Opinion
Motion No. 2022-04924 Ind. No. 2790/17Case No. 2019-4521
02-16-2023
The People of the State of New York, Respondent, v. Dennis Vargas, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman Peter H. Moulton Tanya R. Kennedy Bahaati E. Pitt-Burke, Justices.
An order of this Court having been entered on July 30, 2019 (M-2707), granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about April 11, 2019, and assigning Robert S. Dean, Esq., predecessor to Mark Zeno, Esq., Center for Appellate Litigation, as counsel to prosecute the appeal, and retained counsel, Scott Cerbin, Esq., having subsequently been substituted in place of assigned counsel, And defendant, pro se, having moved for an order directing retained counsel to furnish all documents related to his appeal, for poor person relief, and for permission to proceed pro se on the appeal, Now, upon reading and filing the papers with respect to the motion, and a letter issued by this Court to defendant, dated December 12, 2022, advising defendant of the potential risks of self-representation, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of permitting defendant to proceed pro se on the appeal and continuing the poor person relief previously granted by this Court's order entered on July 30, 2019 (M-2707), and.
It is further ordered that the Clerk is directed to forward to the Warden of the State correctional facility wherein defendant is incarcerated a transcript of the minutes relating to defendant's appeal, the transcript to be made available to appellant, without charge, and returned by him to this Court when submitting his appellate brief, and
It is further ordered that the time in which appellant shall perfect this appeal is extended until 120 days from the date of receipt of the complete record, or from the date of this order, whichever is later. Appellant is advised that the appeal will not be heard unless and until all material furnished to him has been returned to this Court.